Opinion
Case No. 2D19-862
10-28-2020
Ryan Charles MORALES, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Elba Caridad Martin-Schomaker, Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Elba Caridad Martin-Schomaker, Assistant Attorney General, Tampa, for Appellee.
SLEET, Judge.
Ryan Charles Morales appeals his judgment for costs and fines that, in pertinent part, imposes a $100 fee for the services of the public defender's office. Although the trial court granted Morales' motion to strike the public defender fee and provide him notice of right to contest the fee, the trial court failed to strike the fee. Because the trial court's order does not explicitly strike the fee, we reverse the imposition of the public defender fee and remand to the trial court with instructions to strike the fee and afford Morales the opportunity to properly object to the amount imposed. We affirm Morales' judgment and sentences in all other respects.
On December 13, 2018, Morales pled no contest to one count of driving with license suspended or revoked (third or more conviction) and one count of possession of heroin. The trial court accepted Morales' plea and adjudicated him guilty. The trial court imposed a $100 public defender fee without providing Morales notice of his right to contest the fee pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). On January 7, 2019, Morales filed a timely pro se notice of appeal. Although Morales did not object at sentencing, he properly preserved the issue for review by filing a timely rule 3.800(b)(2) motion to strike the $100 public defender fee or, alternatively, give him notice of the right to contest the fee. On August 26, 2019, the trial court issued an order "granting" the motion and noted that "if [Morales] wishes to have a hearing on the subject, he must file the appropriate motion."
In the event a trial court imposes a public defender fee on a defendant, the trial court must provide the defendant with notice of his right to contest the fee at a hearing. Newton v. State, 262 So. 3d 849, 850 (Fla. 2d DCA 2018). Here, Morales has challenged the judgment of a $100 fee imposed for the services of the public defender. The trial court's failure to strike the fee or to provide Morales with a hearing date to contest the amount of the fee was error.
Accordingly, because the trial court's order grants Morales' rule 3.800(b)(2) motion and does not explicitly strike the fee, we reverse the imposition of the public defender fee and remand to the trial court with instructions to strike the fee and afford Morales the opportunity to contest the fee amount.
Affirmed in part, reversed in part, and remanded.
KELLY and LaROSE, JJ., Concur.